Canadian sentenced to death is ‘maker of own misfortune’

A Canadian criminal defense lawyer has said that the death sentence his countryman received in a Chinese court is justified, given the defendant’s history of drug smuggling.

John Lee, an Ontario defense attorney, said that Robert Lloyd Schellenberg, 36, ignored the warning a judge in British Columbia gave him in a drug case seven years ago.

“Justice (Neil) Brown already gave Schellenberg the last chance to change his course of life and clearly set out the serious consequences if he failed to heed his warning . ... It is fair to say that he is the maker of his own misfortune,” Lee said.

According to the Canadian Broadcasting Corp News, Schellenberg was warned by Brown in 2012 “don’t ever underestimate the seriousness of this kind of an offense” when he was sentenced to two years in prison in 2012 for drug trafficking.

Schellenberg had been convicted of possession of cocaine and heroin for the purpose of trafficking, and possession of cannabis resin and methamphetamine. Because of time served awaiting trial, he ended up serving 16 months and 12 days of the two year sentence.

Schellenberg’s criminal record dates to February 2003, when he received a six-month sentence for drug possession for the purpose of trafficking.

“We cannot ... (overstate) the serious and quite often irreversible harm and damage of illegal drugs, particularly the hard drugs,” Lee said. “People die or suffer permanent injuries from using them. Even though countries differ in imposing sentences for serious drug offenses, no country gives leniency to the repeated drug traffickers, especially when large quantities were dealt with.”

In a Canadian criminal court, Lee said, a judge is required to consider mitigating and aggravating factors in sentencing. A long history of convictions for the same or similar offenses is an important aggravating factor that the sentencing judge must consider.

In 2012, before sending Schellenberg to prison, Brown told the drug dealer that he was at a critical juncture in his life and said, “I hope this is the last time you appear in court.”

“The conviction history shows the defendant lacks remorse and is difficult to rehabilitate,” Lee said.

On Monday, the Dalian Intermediate People’s Court in Liaoning province sentenced Schellenberg to death. The court found that he was the ringleader in an attempt to transport 222 kilograms of methamphetamine from a warehouse in China to a destination in Australia.

“We acknowledge that the death penalty is available in China, likewise in the United States, often reserved for the most hideous crimes,” Lee said. “Although there is no death penalty in the Canadian Criminal Code and Controlled Drugs and Substances Act, China is a sovereign state and is not obliged to follow other countries’ jurisprudence.”

Thousands of readers online are following Schellenberg’s story.

On the Canadian Broadcasting Corp website, a netizen named Vasilli Pupkin commented on a report on the case: “The guy is a professional drug smuggler. He was tried and convicted by the Canadian court. He tried to smuggle 200+ kg of drugs, from which hundreds of people might die. Instead of blaming, our government should be grateful to Chinese for stopping the drug dealer.”

Foreign Ministry spokeswoman Hua Chunying said at a regular news conference on Wednesday that just as Canadian netizens think, the court ruling is just.

“However, the remarks made by the Canadian leaders are obviously arbitrary and are not good to the image and reputation of Canada,” she said, adding that China has urged Canada to respect the rule of law and China’s judicial sovereignty.

Canadian Prime Minister Justin Trudeau implied on Monday that the death sentence had been “arbitrarily applied” in Schellenberg’s case and was politically motivated.

China has strongly denied that political factors influenced the case. The Foreign Ministry criticized Trudeau, saying he should “stop making such irresponsible remarks” and accused Canada of having “double standards”.

We cannot ... (overstate) the serious and quite often irreversible harm and damage of illegal drugs.” John Lee, an Ontario defense attorney